Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48062 of 2025 Arising Out of PS. Case No.-128 Year-2025 Thana- KALYANPUR District- Samastipur ====================================================== 1.

Chandan Kumar S/O Pawan Sah @ Pawan Kumar Sah Resident of Vill.- Partapur, P.S.- Kalyanpur, Dist.- Samastipur 2.

Pawan Sah @ Pawan Kumar Sah S/O Late Chulhai Sah Resident of Vill.- Partapur, P.S.- Kalyanpur, Dist.- Samastipur 3.

Shravan Sah @ Shravan Kumar Sah S/O Late Chulhai Sah Resident of Vill.- Partapur, P.S.- Kalyanpur, Dist.- Samastipur 4.

Rajeev Kumar S/O Pawan Sah @ Pawan Kumar Sah Resident of Vill.- Partapur, P.S.- Kalyanpur, Dist.- Samastipur ... ... Petitioner/s

Versus

The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-08-2025

1. Heard the parties.

2. The petitioners apprehend their arrest in connection with Kalyanpur P.S. Case No. 128 of 2025 dated 20.04.2025 registered under Sections 126(2), 115(2), 109, 3(5) of the B.N.S. 2023 and Section 27 of the Arms Act.

3. As per the F.I.R. on 16.04.2025 at about 6:30 P.M. while the informant's son had come out from his home for walk the co-accused / Bittu Kumar and his family members caught hold

Patna High Court CR. MISC. No.48062 of 2025(2) dt.11-08-2025 2/3 the informant's son, dragged him on the ground and Bittu Kumar took out pistol and shot at upon the informant's son. When the informant came out of his house she saw the petitioners and another fleeing away from the place of occurrence.

4. Learned counsel for the petitioners submits that petitioners are the family members of the co-accused / Bittu Kumar. Both parties are agnates and there is land dispute between them. There is no overt act alleged against the petitioners and the allegation of firing is upon Bittu Kumar who is in custody.

5. Regard being had to the submission made by the parties, taking into consideration the fact that no specific overt act has been alleged against the petitioners and both the parties are agnates having land dispute, accordingly, I am inclined to grant anticipatory bail to the petitioners.

6. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur, District - Samastipur in connection with Kalyanpur P.S. Case No. 128 of 2025

Patna High Court CR. MISC. No.48062 of 2025(2) dt.11-08-2025 3/3 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023.

(Anil Kumar Sinha, J) praful/- U T